Days before court hearing, Boeing releases
more public records
OLYMPIAIn what is becoming a familiar
pattern, the Boeing Company and state officials have released additional
public records related to the Boeing 7E7 contract just days before the Court
of Appeals will consider charges that public records laws were violated.
Officials claim their timing has nothing to do with the pending court hearing,
but that "passage of time" has made it so the information is no
longer a trade secret. Boeing attorneys are, however, asking the Appeals
Court not to consider the newly released information at the February 22
hearing, likely to avoid penalties for refusing to disclose the information
sooner.
Still at issue at the hearing is the Evergreen Freedom Foundation's (EFF)
request for 1) penalties and fees, 2) the removal of an illegal public records
procedure imposed on the foundation at the request of former Attorney General
(AG) Christine Gregoire's office, and 3) release of the remaining redacted
information.
The Court of Appeals previously sided with the former AG's office concerning
evidence presented by EFF showing that the state failed
to disclose public records in its possession and provided the trial
court with false
information. The Court decided that the foundation must file a new lawsuit
to address that evidence.
EFF is waiting for a ruling on the remaining issues before deciding whether
or not to file a new lawsuit challenging the state's false testimony.
In its appeals brief, the former AG's office pointed to the Supreme Court's
recent Hangartner ruling as justification for the discriminatory
records procedure it requested the trial court enforce against EFF.
The procedure requires EFF to hire an attorney to submit all requests for
information related to Boeing's 7E7 to the AG's office for review and approval
prior to the request being sent to the appropriate agency. The timetable
for that agency to respond to the original records request does not begin
until the AG's office sees fit to forward the request.
"The state needs to stop playing games with the people's right to
know," said Jason Mercier, EFF budget analyst. "We hope the appeals
court will hold the state accountable for this disclosure charade so it
won't happen again."
"Taxpayer obligations are not trade secrets," said Mercier.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"